Preview
FILED: NEW YORK COUNTY CLERK 07/14/2023 10:10 AM INDEX NO. 153346/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/14/2023
EXHIBIT K
FILED: NEW YORK COUNTY CLERK 07/14/2023 10:10 AM INDEX NO. 153346/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/14/2023
7/10/23, 5:19 PM englanderpilc.com Mail - NYCB Secure Email: RE: NYCB Secure Email: RE: NYCB Secure Email: FW: NYCB Secure Email: FW: ...
M Gmail Alexa Englander
NYCB Secure Email: RE: NYCB Secure Email: RE: NYCB Secure Email: FW: NYCB Secure Email: FW:
110684755 -07/01/23 TAX PAYMENT ESCROW DEFICIT
1 message
Michael Scarola Thu, Jul 6, 2023 at 1:15 PM
To: Alexa Englander , Jonathan Giahn
Cc: "RealEstateandEscrowProcessing@mynycb.com" , Helen Ismael , Kevin
Dellegar , Nancy Kelly
Good aftemoon - We did not receive either document. Confirmed no receipt in our Loan Admin tax unit, Asset Management Dept. and the mail room. All
have no record of the notices.
Please be advised there is an indemnification agreement that is signed as part of the Loan.
MICHAEL P. SCAROLA
FIIstVice President | Mortgage Lending Officer Ill
Lending Department
New York Community Bank
a division of Flagstor Bank, N.A.
NYCB Plaza - 102 Duffy Avenue, 5th Floor
Hicksville, NY 11801
Phone: 516-500-6375 | Fax: 516-500-6794
Mobile: 516-524-5095
From: Alexa Englander
Sent: Wednesday, July 5, 2023 2:10 PM
To: Jonathan Giahn
Cc: Michael Scarola - Lending : _Real Estate and Escrow Processing ; Helen ismael - Loan Administration
Subject: Re: NYCB Secure Email: RE: NYCB Secure Email: FW: NYCB Secure Email: FW: 110684755 -07/01/23 TAX PAYMENT ESCROW DEFICIT
Hi,
fm also attaching a copy of the final determination letter dated July 27, 2022, which was also addressed to NYCB as documented by the determination
and affidavit of service.
If you did not receive either document (the April 14. 2022 notice of the July 27, 2022 determination). it would be helpful if somebody with personal
knowledge of how mail is processed upon receipt would sign an affidavit regarding your standard business practices and recordkeeping with respect to
mail sent to the bank.
Our current deadline to submit a response in the pending proceeding is July 14.
https://mail.google.com/mail/u/0/?ik=11b5ff4ac0&view=pt&search=all&permthid=thread-f:1770692286658767745%7Cmsg-f:1770692286658767745&s... 1/6
FILED: NEW YORK COUNTY CLERK 07/14/2023 10:10 AM INDEX NO. 153346/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/14/2023
7/10/23, 5:19 PM englanderpilc.com Mail - NYCB Secure Email: RE: NYCB Secure Email: RE: NYCB Secure Email: FW: NYCB Secure Email: FW: ...
Thank you,
Alexa Englander
Englander PLLC
43 W. 43rd Street, Suite 2
New York, NY 10036
(718) 909-1030
www.englanderplic.com
On Wed, Jul 5, 2023 at 1:42 PM Jonathan Giahn wrote:
Michael,
See attached mailing and affidavit from HPD stating they mailed it to NYCB. See pages 6,7, 8 and 14. If you did not receive it we will need an affidavit
from you stating so. Ihave CC'ed my attomey ( Alexa Englander) so that we can all discuss.
Thank you,
Jonathan
On Wed, Jul 5, 2023 at 12:46 PM Jonathan Giahn wrote:
Michael,
The city of NY is saying that they mailed NYCB a notice back in April of 2022 that the 421A tax benefits were going to be revoked, did you ever
receive this? We never did and thars the basis by which we are disputing this but they wrote in their response to the court that they also mailed it to
NYCB. is that correct?
Jonathan
On Wed, Jun 21, 2023 at 4:49PM Michael Scarola wrote:
We will hold off on paying until June 30th. Any interest and/or fees assessed because of this delay will be your responsibility and come from your
account.
MICHAEL P. SCAROLA
FirstVice President | Mortgage Lending Officer 111
Lending Department
New York Comrnunity Bank
a division of Flagstar Bank, N.A.
NYCB Plaza - 102 Duffy Avenue, 5th Floor
Hicksville, NY 11801
Phone: 516-500-6375 | Fax: 516-500-6794
Mobile: 516-524-5095
https://mail.google.com/maillu/0/?ik=11b5ff4ac0&view=pt&search=all&permthid=thread-f:1770692286658767745%7Cmsg-f:1770692286658767745&s... 2/6
FILED: NEW YORK COUNTY CLERK 07/14/2023 10:10 AM INDEX NO. 153346/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/14/2023
7/11/23, 12:03 PM englanderpilc.com Mail - NYCB Secure Email: RE: NYCB Secure Email: RE: NYCB Secure Email: RE: NYCB Secure Email: RE:...
M Gmail Alexa Englander
NYCB Secure Email: RE: NYCB Secure Email: RE: NYCB Secure Email: RE: NYCB Secure Email: RE: NYCB
Secure Email: FW: NYCB Secure Email: FW: 110684755 -07/01/23 TAX PAYMENT ESCROW DEFICIT
1 message
Michael Scarola Tue, Jul 11, 2023 at 10:00 AM
To: Alexa Englander
"RealEstateandEscrowProcessing@mynycb.com" Helen
Cc: Jonathan Giahn , ,
Ismael , Kevin Dellegar , Nancy Kelly , Christy Miller
, David Curatolo
Good morning, in accordance with your request, we are able to provide the below:
Flagstar Bank, N.A., to Its knowledge, is not aware of the receipt of an April 14, 2022 or a July 27, 2022 mailing from the New York City Department of
Housing Preservation & Development with respect to Its borrower, 101-01 One Group.
Typically, mail that Is received by Flagstar Bank and is addressed to a specific individual or department is sorted and delivered to the inbox of that
department and/or individual the day it is received by the mailroom. Mail that is received and is not addressed to a specific individual or dept is
reviewed by Flagstar mallroom employees and delivered to the appropriate department for handling based upon a review of the contents of the mail
and determination as to where it is most appropriately routed. Mail that is delivered via certified mail, ovemight delivery, or by any other means that
includes a tracking number is scanned into the bank's mail tracking system and delivered to the designated recipient and/or employee within the
department to which the mail is addressed the day it is received by the mailroom. The individual to whom the item is addressed, or someone from
the department, signs for that item and a record of delivery is maintained in the bank's mail tracking system.
There is no mail that remains in the mallroom at the end of each business day.
MICHAEL P. SCAROLA
FirstVice President | Mortgage Lending Officer III
Lending Department
New York Community Bank
a division of Flagstor Bank, N.A.
NYCB Plaza - 102 Duffy Avenue, 5th Floor
Hicksville, NY 11801
Phone: 516-500-6375 [ Fax: 516-500-6794
Mobile: 516-524-5095
https://mail.google.com/mail/u/0/?ik=11b5ff4ac0&view=pt&search=all&permthid=thread-f:1771132959822044027%7Cmsg-f:1771132959822044027&... 1/10
Preview
FILED: NEW YORK COUNTY CLERK 07/14/2023 10:10 AM INDEX NO. 153346/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/14/2023 EXHIBIT K FILED: NEW YORK COUNTY CLERK 07/14/2023 10:10 AM INDEX NO. 153346/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/14/2023 7/10/23, 5:19 PM englanderpilc.com Mail - NYCB Secure Email: RE: NYCB Secure Email: RE: NYCB Secure Email: FW: NYCB Secure Email: FW: ... M Gmail Alexa Englander NYCB Secure Email: RE: NYCB Secure Email: RE: NYCB Secure Email: FW: NYCB Secure Email: FW: 110684755 -07/01/23 TAX PAYMENT ESCROW DEFICIT 1 message Michael Scarola Thu, Jul 6, 2023 at 1:15 PM To: Alexa Englander , Jonathan Giahn Cc: "RealEstateandEscrowProcessing@mynycb.com" , Helen Ismael , Kevin Dellegar , Nancy Kelly Good aftemoon - We did not receive either document. Confirmed no receipt in our Loan Admin tax unit, Asset Management Dept. and the mail room. All have no record of the notices. Please be advised there is an indemnification agreement that is signed as part of the Loan. MICHAEL P. SCAROLA FIIstVice President | Mortgage Lending Officer Ill Lending Department New York Community Bank a division of Flagstor Bank, N.A. NYCB Plaza - 102 Duffy Avenue, 5th Floor Hicksville, NY 11801 Phone: 516-500-6375 | Fax: 516-500-6794 Mobile: 516-524-5095 From: Alexa Englander Sent: Wednesday, July 5, 2023 2:10 PM To: Jonathan Giahn Cc: Michael Scarola - Lending : _Real Estate and Escrow Processing ; Helen ismael - Loan Administration Subject: Re: NYCB Secure Email: RE: NYCB Secure Email: FW: NYCB Secure Email: FW: 110684755 -07/01/23 TAX PAYMENT ESCROW DEFICIT Hi, fm also attaching a copy of the final determination letter dated July 27, 2022, which was also addressed to NYCB as documented by the determination and affidavit of service. If you did not receive either document (the April 14. 2022 notice of the July 27, 2022 determination). it would be helpful if somebody with personal knowledge of how mail is processed upon receipt would sign an affidavit regarding your standard business practices and recordkeeping with respect to mail sent to the bank. Our current deadline to submit a response in the pending proceeding is July 14. https://mail.google.com/mail/u/0/?ik=11b5ff4ac0&view=pt&search=all&permthid=thread-f:1770692286658767745%7Cmsg-f:1770692286658767745&s... 1/6 FILED: NEW YORK COUNTY CLERK 07/14/2023 10:10 AM INDEX NO. 153346/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/14/2023 7/10/23, 5:19 PM englanderpilc.com Mail - NYCB Secure Email: RE: NYCB Secure Email: RE: NYCB Secure Email: FW: NYCB Secure Email: FW: ... Thank you, Alexa Englander Englander PLLC 43 W. 43rd Street, Suite 2 New York, NY 10036 (718) 909-1030 www.englanderplic.com On Wed, Jul 5, 2023 at 1:42 PM Jonathan Giahn wrote: Michael, See attached mailing and affidavit from HPD stating they mailed it to NYCB. See pages 6,7, 8 and 14. If you did not receive it we will need an affidavit from you stating so. Ihave CC'ed my attomey ( Alexa Englander) so that we can all discuss. Thank you, Jonathan On Wed, Jul 5, 2023 at 12:46 PM Jonathan Giahn wrote: Michael, The city of NY is saying that they mailed NYCB a notice back in April of 2022 that the 421A tax benefits were going to be revoked, did you ever receive this? We never did and thars the basis by which we are disputing this but they wrote in their response to the court that they also mailed it to NYCB. is that correct? Jonathan On Wed, Jun 21, 2023 at 4:49PM Michael Scarola wrote: We will hold off on paying until June 30th. Any interest and/or fees assessed because of this delay will be your responsibility and come from your account. MICHAEL P. SCAROLA FirstVice President | Mortgage Lending Officer 111 Lending Department New York Comrnunity Bank a division of Flagstar Bank, N.A. NYCB Plaza - 102 Duffy Avenue, 5th Floor Hicksville, NY 11801 Phone: 516-500-6375 | Fax: 516-500-6794 Mobile: 516-524-5095 https://mail.google.com/maillu/0/?ik=11b5ff4ac0&view=pt&search=all&permthid=thread-f:1770692286658767745%7Cmsg-f:1770692286658767745&s... 2/6 FILED: NEW YORK COUNTY CLERK 07/14/2023 10:10 AM INDEX NO. 153346/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/14/2023 7/11/23, 12:03 PM englanderpilc.com Mail - NYCB Secure Email: RE: NYCB Secure Email: RE: NYCB Secure Email: RE: NYCB Secure Email: RE:... M Gmail Alexa Englander NYCB Secure Email: RE: NYCB Secure Email: RE: NYCB Secure Email: RE: NYCB Secure Email: RE: NYCB Secure Email: FW: NYCB Secure Email: FW: 110684755 -07/01/23 TAX PAYMENT ESCROW DEFICIT 1 message Michael Scarola Tue, Jul 11, 2023 at 10:00 AM To: Alexa Englander "RealEstateandEscrowProcessing@mynycb.com" Helen Cc: Jonathan Giahn , , Ismael , Kevin Dellegar , Nancy Kelly , Christy Miller , David Curatolo Good morning, in accordance with your request, we are able to provide the below: Flagstar Bank, N.A., to Its knowledge, is not aware of the receipt of an April 14, 2022 or a July 27, 2022 mailing from the New York City Department of Housing Preservation & Development with respect to Its borrower, 101-01 One Group. Typically, mail that Is received by Flagstar Bank and is addressed to a specific individual or department is sorted and delivered to the inbox of that department and/or individual the day it is received by the mailroom. Mail that is received and is not addressed to a specific individual or dept is reviewed by Flagstar mallroom employees and delivered to the appropriate department for handling based upon a review of the contents of the mail and determination as to where it is most appropriately routed. Mail that is delivered via certified mail, ovemight delivery, or by any other means that includes a tracking number is scanned into the bank's mail tracking system and delivered to the designated recipient and/or employee within the department to which the mail is addressed the day it is received by the mailroom. The individual to whom the item is addressed, or someone from the department, signs for that item and a record of delivery is maintained in the bank's mail tracking system. There is no mail that remains in the mallroom at the end of each business day. MICHAEL P. SCAROLA FirstVice President | Mortgage Lending Officer III Lending Department New York Community Bank a division of Flagstor Bank, N.A. NYCB Plaza - 102 Duffy Avenue, 5th Floor Hicksville, NY 11801 Phone: 516-500-6375 [ Fax: 516-500-6794 Mobile: 516-524-5095 https://mail.google.com/mail/u/0/?ik=11b5ff4ac0&view=pt&search=all&permthid=thread-f:1771132959822044027%7Cmsg-f:1771132959822044027&... 1/10